Agenda item

(Director of Corporate Support Services) To consider the attached report (LSC-002-2011/12).

(Director of Corporate Support Services) To consider a further two responses from the consultation on the review of licensing conditions for Taxis.

The Assistant Director (Legal Services) presented a report on the results of a consultation on the proposed changes to Hackney Carriage and Private Hire Driver’s Licences, Hackney Carriage Vehicle Proprietor’s Licences, and Private Hire Vehicle Licences agreed at the Committee’s previous meeting.

In respect of Hackney Carriage Vehicle Licence conditions, the Committee felt that the current proposed condition regarding window signs covered the points made by the consultees, and that any advertising on the rear of roof signs should be restricted to the name of the taxi firm and its phone number. With regard to condition 7(b) about centralised locking, the Committee noted that passengers were usually locked in when travelling in a London Taxi, and that the proposed condition should be removed as it would improve passenger safety to have the doors locked whilst the vehicle was moving.

The Committee noted that most wheelchairs folded up, and for those that did not it was understood that a special vehicle had to be ordered to transport these people. Therefore, it was felt that the words “…folded or in the vehicle.” should be added to the proposed wording for condition 7(e). The Committee was agreed that condition 7(f), requiring a minimum headroom of five feet in the vehicle, should be removed. For condition 7(i), the Committee believed that the spare tyre should be in line with the manufacturer’s specification, with facilities to change the wheel.

The Committee was concerned that some vehicles were doing excessive mileage after failing their vehicle inspections; cases of almost 2,000 miles being travelled between tests had been noticed. It was felt that an appointment for a re-test should be made immediately upon failure, and that the vehicle should only travel a minimal distance of 100 miles between inspections. The Committee noted that condition 9 referred to a vehicle less than five years old, and condition 10 referred to a vehicle over five years old; it was decided that condition 10 should read “…five years old or over…”. For condition 16, it was felt that the requirements to carry both a fire extinguisher and a first aid kit should be removed, whilst the use of tinted windows in vehicles should be as per current legal requirements.

The Committee then considered the conditions for Hackney Carriage Driver’s Licences. For condition 21, the conveying of assistance dogs with their owners, it had been highlighted by the Quality Taxi Partnership that only guide dogs had yellow jackets and that other types of assistance dogs had different coloured jackets. Therefore, it had been suggested that the specific reference to yellow jackets should be removed from the condition. The Committee believed that this was a sensible amendment and concurred. The current condition 27 stated that a driver should not leave his Hackney Carriage unattended in a public place, which precluded the taking of toilet breaks, coffee breaks and lunch breaks by drivers. The Committee was informed that the condition had originally been implemented to stop drivers causing an obstruction, but the Committee felt that the condition should be removed as it was the personal responsibility of the driver not to cause an obstruction. The Assistant Director (Legal Services) commented that conditions 30, 31 and 32, the notification of offences committed by drivers to the Council, had been amended to meet the concerns previously expressed by Members.

In respect of the additional conditions, the Quality Taxi Partnership had raised the issue of not charging for the carriage of a wheelchair. The Committee considered that specially adapted cars should be allowed to charge for transporting powered wheelchairs, but the Assistant Director (Legal Services) felt that there might be equality issues involved, so it was agreed to defer consideration of this issue until the Committee’s next meeting. The Committee discussed the Licence conditions for Roof Boxes and Trailers. It was suggested that any trailers should also be routinely tested, with the taxi plate to be displayed at the rear of the trailer. Roof Boxes were not currently permitted, and if this condition was disposed with, the Taxi sign should still be visible at all times. The Committee agreed to defer further discussion on this condition until it’s next meeting in April 2012, pending further information.

The Committee agreed both the revised  Private Hire Vehicle Licence conditions and Private Hire Driver’s Licence conditions, subject to the inclusion of the amendments previously made in the meeting for Hackney Carriage Vehicle Licences and Hackney Carriage Driver’s Licences. In relation to the other issues raised by the Consultees, the Assistant Director (Legal Services) emphasised that Criminal Records Bureau checks were already made for all applicants of Hackney Carriage and Private Hire Driver’s Licences. A separate report had been prepared regarding the implementation of Taxi Ranks within the District, and this would be considered by the Committee later in the meeting. The issue of Fare Tariffs and Fare Meters had also been raised. The Committee was informed that this should be consulted upon first, with a report prepared for the next meeting of the Licensing Committee. The Committee requested that this consultation be undertaken with the Hackney Carriage and Private Hire Drivers of the District.

Recommended:

(1)        That the proposed and revised Hackney Carriage Vehicle Licence conditions be recommended to the Council for adoption, subject to the following amendments:

(a)        amending condition 5 such that advertising on the rear of any roof signs to be restricted to the name of the Taxi firm and its phone number;

(b)        removing condition 7(b) preventing the centralised locking system being activated whilst carrying adult passengers in the interests of passenger safety;

(c)        adding to condition 7(e) to be capable of carrying a wheelchair either folded or in the vehicle;

(d)        removing condition 7(f) requiring a minimum headroom of 5 feet;

(e)        adding to condition 7(i) the spare tyre to be carried should be in line with the manufacturer’s specification, with facilities to change the wheel;

(f)         adding a new condition for vehicle inspections such that any vehicle failing an inspection must immediately make an appointment for a re-test, or only travel a minimal distance of 100 miles between tests;

(g)        amending condition 10 to state “If the vehicle is five years old or over…”;

(h)        removing the requirement to carry a fire extinguisher and first aid kit from condition 16; and

(i)         amending condition 16 to permit tinted windows on vehicles as per the current legal requirements;

(2)        That the proposed and revised Hackney Carriage Driver’s Licence conditions be recommended to the Council for adoption, subject to the following amendments:

(a)        removing the reference to assistance dogs with yellow coloured jackets from condition 21;

(b)        removing condition 27 regarding a driver not leaving their Hackney Carriage;

(c)        deferring consideration of charging for the carriage of wheelchairs until the Committee’s next meeting in April 2012;

(d)        deferring consideration of Trailers and Roof Boxes pending further information until the Committee’s next meeting in April 2012;

(3)        That the proposed and revised Private Hire Vehicle Licence conditions be recommended to the Council for adoption, subject to the inclusion of the amendments previously made for Hackney Carriage Vehicle Licences;  

(4)        That the proposed and revised Private Hire Driver’s Licence conditions be recommended to the Council for adoption, subject to the inclusion of the amendments previously made for Hackney Carriage Driver’s Licences; and

Resolved:

(5)        That the responses from the consultation on the proposed changes to the various different Hackney Carriage and Private Hire Licences be noted;

(6)        That a consultation exercise be undertaken with the Hackney Carriage and Private Hire Drivers of the District regarding the implementation of Fare Tariffs and Fare Meters within the District, with the results being reported back to the next meeting of the Licensing Committee in April 2012.